Posted by 11 June 2019
It’s been 18 years since the U.S. invaded Afghanistan in the wake of the September 11 attacks. Some enemy combatants from the early days of this conflict are still being held in Guantanamo Bay without being charged with a crime. The Supreme Court recently declined to hear a case that would challenge such detentions, meaning that there is no release in sight for these individuals.
As part of the war against Al Qaeda and other terrorist groups, the U.S. government had detained some individuals at the military base in Guantanamo Bay, Cuba, even though they have not been charged with crimes. These are labeled as enemy combatants, and the U.S. government says they are too dangerous to be released.
One of those detainees, a Yemeni named Moath Hamza Ahmed al-Alwi, has been in Guantanamo since 2002. The Supreme Court recently declined to hear a legal challenge of his indefinite detention, leaving him locked up. In a 2004 case, Hamdi v. Rumsfeld, the high court ruled that the government could indefinitely detain enemy combatants as long as the Authorization for the Use of Military Force for action in Afghanistan was still in effect.
Critics of this indefinite detention argue that the current military action in Afghanistan bears little relation to what Congress initially authorized in 2001. They say that the government should not have the power to detain someone for an indefinite period of time, potentially for the person’s entire life, without bringing charges against him or her. Supporters counter that the U.S. is still engaged in a war on terror and that these enemy combatants would be dangerous if released.
Do you think that the U.S. should be able to hold enemy combatants without bringing charges? Should there be a time limit on these indefinite detentions?